Citation Nr: 21042142 Decision Date: 07/12/21 Archive Date: 07/12/21 DOCKET NO. 16-08 139 DATE: July 12, 2021 REMANDED Entitlement to service connection for a right hip disability, to include as secondary to service-connected bilateral knee and ankle disabilities is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from June 1968 until June 1988. In March 2019, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of that hearing is of record. In August 2019, the Board remanded the claim to the agency of original jurisdiction (AOJ) for further development; however, there has not been substantial compliance with the remand directives. Stegall v. West, 11 Vet. App. 268, 271 (1998). Entitlement to service connection for a right hip disability, to include as secondary to service-connected bilateral knee and ankle disabilities is remanded. The claim must be remanded again to obtain a medical opinion. 38 C.F.R. § 3.159(c)(4). After the prior remand, the AOJ continued the denial because the Veteran failed to report for a scheduled examination. In a May 2021 post remand brief, the Veteran's representative argued that the Veteran was not provided notice of the scheduled VA examination. The Board agrees as the record is devoid of any evidence that demonstrates the Veteran was provided notice of the date, time, and location of the scheduled medical examination. On remand, the Veteran should be afforded another opportunity to report for a VA medical examination to determine the likely etiology of his right hip disability. The matters are REMANDED for the following action: 1. Schedule the Veteran for an examination with an appropriate clinician to determine the nature and likely etiology of his right hip disability. A copy of the notification of the examination details provided to the Veteran must be included in the record. The examiner should be provided with all pertinent records. Following a review of the medical record and examination, the examiner must answer the following: (a.) Is it at least as likely as not (50 percent or greater probability) that the Veteran's right hip disability is related to an in-service event, injury, or disease? The examiner must consider, and discuss as appropriate, the following: (i) the Veteran's in-service report of pain from the knee to the groin and request for a right hip examination in August 1983, (ii) an August 1983 in-service treatment note indicating a right knee and right thigh injury with pain while running that had lasted one month, (iii) an August 1983 in-service treatment note that indicates pain medially of right thigh radiating to inner thigh and groin that has lasted three months, and (iv) the Veteran's competent reports regarding parachute jumps. (b.) Is it at least as likely as not (50 percent or greater probability) that the Veteran's right hip disability is proximately due to his service-connected bilateral knee and ankle disabilities? (c.) Is it at least as likely as not (50 percent or greater probability) that the Veteran's right hip disability is aggravated (defined as any increase in disability) by his service-connected bilateral knee and ankle disabilities? The examiner is notified that the Veteran is competent to report symptoms he experiences and has experienced as well as to describe the circumstances of his service. The examiner may not rely on an absence of a medical record or evidence of medical treatment as the sole rationale for a negative nexus opinion. All provided opinions must be supported by complete rationale. If the examiner determines that a requested opinion cannot be made without resort to speculation, the examiner must say why. 2. Ensure the above examination and opinions comport with this remand. Specifically, verify the opinion provider used the correct definition of aggravation, as defined above, although the examination form may contain the incorrect aggravation standard. If the medical examination and opinions comport with this remand, readjudicate the claim. If they do not, obtain an addendum prior to readjudication. M.E. Larkin Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M.D. Collins, Associate Counsel The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.